* Rep. Andre Thapedi, the chair of the House Judiciary - Civil Committee, sent a letter today to Angela Mehlbrech, the administrator of the LaSalle Veterans’ Home…
Dear Ms. Mehlbrech:
As you may be aware, the House Judiciary - Civil Committee is embarking on a fact-based investigation into the recent outbreak of SARS-Co V-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 at the LaSalle Veterans’ Home in LaSalle (hereinafter ” the Facility”). As part of that investigation, please provide me with the following information relative to personal protective equipment (hereinafter “PPE”) and other things … on or before December 9, 2020:
1. Provide the name, address, email address and telephone number for each and every vendor and manufacturer providing hand sanitizer to the Facility from January 1, 2020 to the present .
2. Provide the name, address, email address and telephone number for each and every vendor and manufacturer providing PPE (i.e . gloves, masks, gowns, face shields , etc.) to the Facility from January 1, 2020 to the present.
3. Provide the name, manufacturer, country of origin and chemical composition of all hand sanitizers purchased for and utilized in the Facility from August 1, 2020 to November 30, 2020.
4. Provide the name, manufacturer, and country of origin of all PPE (i.e. gloves, masks, gowns, face shields, etc.) purchased for and utilized in the Facility from August 1, 2020 to November 30, 2020.
5. Provide any and all rules, regulations, procedures, bylaws, standards , protocols, directives and writings of whatsoever nature relative to health screening (i.e. temperature checks, lab work, testing, etc.) for employees when they arrive at the Facility and when they exit the Facility .
6. Provide any and all rules, regulations, procedures , bylaws, standards, protocols, directives and writings of whatsoever nature relative to health screening (i.e. temperature checks, lab work, testing, etc.) for non-employees when they arrive at the Facility and when they exit the Facility.
7. Provide any and all documents, records, writings, letters, correspondence, memorandum, electronic mail, information in computer storage in printed form and other writings mentioning SARS CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 that is: (A) dated from August 1, 2020 to the present; and (B) addressed to and/or prepared by the Facility.
8. Provide any and all reports generated in calendar year 2020 following on-site visits and/or inspections at the Facility by the U.S. Department of Veterans Affairs which should include, but should not be limited to, the on-site visit and/or inspection on or about November 12, 2020 at the Facility.
9. Provide any and all reports generated in calendar year 2020 following on-site visits and/or inspections at the Facility by the Illinois Department of Public Health which should include, but should not be limited to, the on-site visit and/or inspection on or about November 17, 2020 at the Facility.
10. Please identify and state the location of any of the following documents related to the SARS-CoV- 2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 outbreak which either bears the name, handwriting and/or signature of the Nursing Home Administrator of the Facility (i.e. Angela Mehlbrech): (A) publications and/or literature authored by her, including publication source and reference; and (B) correspondence, records, memoranda or other writings prepared by her regarding the diagnosis of SARS-CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2, and its care and treatment of residents and employees of the Facility.
11. State whether there were any policies, procedures, guidelines, rules or protocols for SARS-CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 that were in effect at the Facility. If so, state:
a. Whether such policies, guidelines, rules or protocols are published and by whom;
b. The effective date of said policies, guidelines, rules or protocols;
c. Which medical professionals and employees are bound by said policies, guidelines, rules or protocols;
d. Who is the administrator of any such policies, procedures, guidelines, rules and/or protocols; and
e. Whether the policies, guidelines, rules or protocols in effect at the time of the SARS-CoV-2, or COVID- 19, or Coronavirus, or any comparable moniker for SARS-CoV-2 outbreak have been changed, amended, or altered since the SARS-CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV- 2 outbreak. If so, state the change(s) and the date(s) of any such change(s).
If you have any questions, please do not hesitate to email me at lllinois32district@gmail.com. Sincerely yours,
Representative Andre Thapedi
Chairman - House Judiciary - Civil Committee
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* I don’t know if either person in this exchange was aware of it or not, but there’s a malicious rumor going around that Gov. Pritzker was going to put himself at the front of the line for the new COVID vaccine, whenever it’s approved and distributed. From his press conference today..
Amy Jacobson: Governor, a number of Americans are leery of a COVID vaccine and some are asking for lawmakers to get vaccinated first. Would you or Dr. Ezike be willing to do this?
Gov. Pritzker: Sure, but I wouldn’t want to jump ahead of somebody who may be more at risk than I am. But absolutely, I understand exactly the point that’s being made.
There are competing views. There’s some people who want their communities to be moved to the front of the line. And some people from those same communities would say they don’t want to take the vaccine at all. And so we’re listening to the medical ethicists, we’re listening to the epidemiologists to make sure that we’re providing the vaccine, making it available to everybody that wants to have it as fast as we humanly possibly can. And of course messaging to people will be very important.
I’m not a doctor. I didn’t review the materials that the FDA is reviewing now. I won’t be responsible for making the decisions that the FDA will make EUA for Pfizer the emergency use authorization for Moderne and others. But I do know that there are 10s of thousands of patients who are in their trials. And so the results of those very widespread trials will be important to look at to determine whether or not these vaccines are safe. I feel somewhat confident that the quality of the people who serve on the panels at the FDA is such that they would make the right kind of decision for the American people.
And here in Illinois, of course, we have a vaccine advisory team that will be reviewing that very same data right after it is released. The White House Coronavirus Task Force, I might add, had a meeting that I was, that all the governors were part of just two days ago. Andthe head of the FDA Hahn said that all of the materials will be made available to all of us to review. So I do believe that it will be safe. We’ll be able to review the data to confirm that and I hope that people will therefore get the vaccine, as they are able to see that it’s safe.
* I haven’t written much about the vaccine here because I haven’t wanted to add to all the hype, which I don’t think is all that helpful. A buddy of mine had this to say in a text exchange earlier today and I agree with much of it…
Here’s my fear. We’re talking about hundreds of thousands of people in the priority vaccination group and we’re only slotted for tens of thousands of doses initially. This is going to take time. And we haven’t even gotten to the second priority tier, which will cover millions of people and all of this relies on vaccine approval and dose deliveries that are out of the state’s control. My fear is [Pritzker] is so eager to deliver good news that he’s going to overhype this and the masses will come away thinking, it’s finally over. And then 2 things will happen. Human nature will kick in and people will drop their guard and the virus will explode … again. And people will become increasingly frustrated as the details roll out and they learn they’re not eligible for the vaccine today, or tomorrow, or the next day, or the next week or the next month.
Just wait til someone asks the question of whether we’re going to vaccinate prison inmates before restaurant workers and bartenders. (I don’t know the answer to that one, but I’m sure it’s coming). And from what I can gather, if you are a healthy, non-first responder, non-medical professional between the ages of 18 and 65 who’s healthy, you will be the very last person to get vaccinated.
And last in line might mean … July?
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* From The Hill…
“The first question was, is there a clear and unwavering group that will keep Madigan from getting 60 votes,” said Rep. Bob Morgan (D), one of the 19 who has said he will not support the incumbent. “I think that question has been answered — the answer is yes.” […]
The result of a deadlocked House, observers said, could be months of chaos if Madigan refuses to concede — at a time when a global pandemic has sickened nearly three quarters of a million Illinoisans and killed more than 13,000.
“A lot of us want to pass comprehensive social equity reforms or combat climate change or support small business that’s suffering. We have a massive budget problem at the moment,” Morgan said. “And we can’t deal with that when there’s an individual who believes that his power is the most significant question in the state.”
Ouch.
* More…
The problem the recalcitrant Democrats face, though, is that no alternative candidate has yet emerged. Up to a dozen members may be considering their own bids if Madigan surrenders, and a battle over the Speakership would expose faults among a Democratic caucus divided by race, ideology and generational lines.
“There’s not yet agreement about who should replace him, or even a front-runner,” Simpson said. “It’s going to be a free-for-all because there’s no obvious person who’s declared.”
My own opinion is that if this challenge succeeds, the next House Speaker will likely not be among the 19 declared opponents. It’ll come from the 50 or so people who have pledged their support. But that can’t happen until either Madigan steps aside or until one of those 50 figures out how to put something together on the side and then present Madigan with an ultimatum.
* Meanwhile, there are a lot of rumors floating around right now, but this may be the least believable one…
The buzz quickly shifted to whether Gov. J.B. Pritzker had anything to do with her decision given Willis’ husband, Tom Willis, was appointed by the governor to serve on the state’s Labor Relations Board. He did not, said Willis in a text to Playbook: “Governor was never informed or consulted regarding my decision.”
The governor is not going to play that game yet.
…Adding… Forgot to post this from the chair of the special investigation committee…
…Adding… From Durkin’s comments…
“I’m asking him to leave the General Assembly,” said Durkin. “All roads in this massive and wide scandal lead to Speaker Madigan. Speaker Madigan under no circumstances can continue to serve.”
Two other Republicans, Reps. Tom Demmer of Dixon and Deanne Mazzochi of Elmhurst, called on Madigan to at least testify before a special House panel about his involvement with ComEd. […]
Durkin says he was not aware of what his chief of staff may have done, but that he personally has not sought jobs. Regardless, he continued: “This is not about hiring recommendations. It’s about a nine-year hiring scandal.”
Based on court documents, Durkin said he believes further indictments against other people are on the way, but he gave no specifics.
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*** UPDATED x1 *** Question of the day
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* December is the time for two holiday traditions at the ol’ blog: 1) Fundraising for Lutheran Social Services of Illinois; and 2) our Golden Horseshoe Awards.
LSSI is such an important part of Illinois, particularly in a year like this. They run a Therapeutic Foster Care program for children with histories of severe trauma and emotional/behavioral needs. They do home care for senior citizens. They have a free mental health crisis program. They collect Christmas presents for foster kids. And so much more.
So, please, click here and donate today. I’ll match the first $1,000.
* Now, about the Golden Horseshoe Awards. Since there was basically no session this year, I’m not sure that many of our categories are even relevant (best restaurant, bars, waitstaff, legislators, lobbyists, etc.). So, what would you like to do? Which categories do you think would be most appropriate? And, remember, these awards are for achievement. We don’t waste our time on negativity. No snark allowed.
My own thoughts are that we give the best agency director award to Dr. Ezike and give a huge shoutout to all the staff who have kept everything together during these crazy times and call it a day. Your thoughts?
And while you’re mulling over your answer, please click here and donate to Lutheran Social Services of Illinois. Thanks!
*** UPDATE *** We’ve already reached $1,000 so I’ve matched it as promised (unlike Tom DeVore, I keep my donation promises). Let’s keep going!
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* WBEZ…
Durkin said he is appealing to 15 “reform-minded” House Democrats to vote for him for House Speaker as more members of Madigan’s caucus gradually come forward to say they will not be voting for him to remain as speaker after January’s inauguration. He said Republicans will not be supporting a Democrat for speaker.
Leader Durkin made that comment after Michael McClain, Anne Pramaggiore, John Hooker and Jay Doherty entered “not guilty” pleas at their arraignment today.
*** UPDATE 1 *** Going about as well as I expected…
*** UPDATE 2 *** Durkin’s comments appear to have given MJM opponents something to bond with…
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COVID-19 roundup
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* Center Square…
The first public hearing of the Restore Illinois Collaborative Commission focused on grants of federal dollars the Pritzker administration is administering to businesses. But one aspect of the program was labeled “abuse of power” by a commission member.
Tuesday’s hearing also gave the public a glimpse of what Republicans have characterized as short and unproductive meetings.
The hearing lasted about 70 minutes with about half the time for questions from lawmakers. The other half was a presentation about federal funds being administered to businesses through the Business Interruption Grant program.
The grants for businesses are being managed by the Illinois Department of Commerce and Economic Opportunity. Agency officials said a third party vendor helping facilitate the application process cost around $1 million. Of $270 million available, there’s about $130 million left to distribute.
DCEO Assistant Director Michael Negron said if grant recipients don’t follow the governor’s executive orders, the grants ranging from $5,000 to $150,000 could be clawed back.
“It’s something that the state is trying to communicate that in order to get the economy on a path to recovery and in order to save lives we’ve got to get the virus under control, and that requires certain measures,” Negron said.
State Rep. Dan Caulkins, R-Decatur, said that’s “government overreach and abuse of power.”
“For you to put in your contract that these businesses have to follow executive orders with no level of certainty of what those orders might be and then face clawback, it rubs me quite wrongly,” Caulkins said.
I just have no words for that.
* Once again, the federal government is forcing states to participate in a dystopian Hunger Games scenario…
Chicago health officials yesterday announced that they expect the COVID-19 vaccine could be ready for distribution by mid-December 2020. According to ABC Chicago, the CDC is expected to formally recommend that health care workers and residents of long term health facilities are first in line for vaccines, but “it will be up to state and local officials to decide where doses go first…” The state of Illinois is expected to announce a tiered plan later this week.
In response to this news, Anthony McGee, Vice President of Teamsters Local 700, the union representing nearly 3,000 Corrections Officers at the Cook County jail, issued the following statement:
“We agree 100% that initial distribution of the COVID-19 vaccine should be determined by risk of exposure to the virus. With that in mind, Teamsters Local 700 is urging city and state leaders, including Governor Pritzker, Mayor Lightfoot and Cook County Board President Toni Preckwinkle, to ensure that CCDOC Corrections Officers, and all other law enforcement officers, are among the first to receive the COVID-19 vaccine.
“CCDOC Corrections Officers have heroically put their lives on the line to protect their communities since the start of the pandemic. As the virus raged throughout the Cook County jail — labeled at one point as the top COVID-19 hot spot in America — officers continued to work long hours in confined spaces, where keeping social distance is impossible, oftentimes without proper PPE or protocols in place to keep them safe. CCDOC Corrections Officers have paid a terrible price for their service: five officers have died due to COVID, and hundreds more have tested positive for COVID-19.
“Unfortunately today, many months after the COVID-19 pandemic began, the Cook County jail is still a dangerous COVID-19 hotspot. Despite knowing for months that COVID-19 would likely spike at the jail as winter approached, Sheriff Tom Dart failed to develop a comprehensive plan to protect Corrections Officers and others in the jail from the deadly virus. COVID-19 cases have now reached their highest levels at the jail since April–and officers are still reporting that the Sheriff is failing to provide them with proper PPE and forcing others to interact with inmates who have not been wearing masks.
“Given the high risk of exposure to COVID-19 that currently exists at the Cook County jail, along with the essential work Corrections Officers do every day, it is imperative that city and state officials prioritize CCDOC officers with vaccine distribution. The wellbeing of CCDOC Corrections Officers — along with their family, friends, and the public at large — depends on it.”
* Ladies and gentlemen, my alderman…
A Springfield alderman unsuccessfully sought the removal of a newspaper reporter from city council chambers Tuesday evening, arguing that the reporter was violating his social distance.
Minutes before the Springfield City Council was set to convene, Ward 1 Ald. Chuck Redpath requested that Illinois Times reporter Bruce Rushton be restricted to the space in the back of the council chambers reserved for the media.
Redpath alleged that Rushton, who typically sits in the public seating area nestled in between the horseshoe where council members sit and the press box, was getting too close to him.
Redpath typically does not wear a face mask when seated at the horseshoe, and this trend continued throughout most of Tuesday’s meeting, with his mask either completely off or around his chin.
He later told reporters that he has a medical condition exempting him from the city’s mask ordinance. But, he declined to elaborate further.
A medical condition? A good friend of mine has asthma. She has to regularly visit her doctor for steroid shots and IV treatments. She wears a mask whenever she leaves her home and has never once complained.
* Speaking of masks…
The Naperville City Council affirmed that everyone who is medically able should wear a protective face covering in public to prevent the spread of COVID-19, but stopped short of mandating masks.
After hearing two hours of comments Tuesday from nearly 150 people, many of whom oppose wearing masks or governmental interference in their decision to cover their face, the council opted to take a positive approach rather than a punitive one.
The council initially voted 5-4 against an ordinance requiring people to mask up in Naperville anytime a 6-foot distance cannot be maintained.
Mayor Steve Chirico and council members Kevin Coyne, Patty Gustin, Paul Hinterlong and John Krummen opposed the mandate; council members Judy Brodhead, Patrick Kelly, Theresa Sullivan and Benny White voted in favor of it.
* Sun-Times live blog headlines…
Officials announced Chicago and Illinois will receive its first doses of COVID-19 vaccines later this month
Starbucks offering free coffee to health care workers, first responders
Who will get the first doses of the COVID-19 vaccine in Chicago?
Anthony Fauci optimistic that stadiums could be full by late 2021
CDC to shorten COVID-19 quarantine to 10 days, 7 with test
Celebrities, stop partying like arrogant buffoons
A national pandemic plan — finally — comes to the rescue first of health care workers and the elderly
* NBC Chicago live blog headlines…
Pritzker Recommends COVID-19 Testing for Residents Who Traveled for Thanksgiving Holiday
Physicians Urge Drug Makers to Step Up Efforts to Ensure COVID Vaccine is Safe for Children
Arwady, Pritzker Don’t Anticipate COVID-19 Vaccine Will be Mandated by Officials
Chicago Could See Coronavirus Vaccine Within the Month, Health Officials Say
Chicago Includes 46 States, Puerto Rico in Coronavirus Travel Order Update
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* Press release…
The Illinois Department of Public Health (IDPH) today reported 9,757 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 238 additional deaths. Some data reported to IDPH is delayed from the weekends, including this past holiday weekend.
- Adams County: 1 male 80s, 1 male 90s
- Alexander County: 1 female 60s, 1 male 60s
- Boone County: 1 female 70s
- Bureau County: 3 males 70s, 1 female 80s
- Calhoun County: 1 female 60s
- Clay County: 1 female 70s
- Clinton County: 1 female 90s
- Coles County: 1 male 90s
- Cook County: 3 females 40s, 1 male 40s, 1 female 50s, 5 males 50s, 3 females 60s, 4 males 60s, 9 females 70s, 19 males 70s, 8 females 80s, 5 males 80s, 8 female 90s, 5 males 90s
- Cumberland County: 1 female 80s
- DuPage County: 1 male 50s, 2 males 60s, 1 female 70s, 5 males 70s, 2 males 80s, 1 female 90s,
- Edgar County: 1 male 90s
- Effingham County: 1 male 60s
- Fayette County: 1 female 70s, 1 female 80s
- Franklin County: 1 female 90s
- Grundy County: 1 male 80s, 1 female 90s
- Hamilton County: 1 male 70s
- Hancock County: 1 male 80s
- Hardin County: 1 male 80s
- Henry County: 1 male 70s, 1 female 90s, 1 male 90s
- Iroquois County: 2 males 80s
- Jasper County: 1 female 60s
- Jefferson County: 1 female 70s, 2 females 80s,
- Jo Daviess County: 1 female 60s
- Kane County: 1 male 50s, 1 male 60s, 1 female 80s, 2 males 80s, 1 male 90s, 1 male 100+
- Kankakee County: 1 female 80s, 2 males 80s, 2 females 90s
- Kendall County: 2 males 80s, 1 male 100+
- Knox County: 1 female 70s, 1 male 70s
- Lake County: 1 male 50s, 4 males 60s, 2 females 70s, 3 males 70s, 2 females 80s, 1 male 80s, 1 female 90s
- LaSalle County: 2 females 80s, 2 males 80s, 1 female 90s
- Lawrence County: 1 female 70s
- Lee County: 1 female 80s
- Livingston County: 1 female 60s, 1 female 70s, 1 male 80s, 3 females 90s, 1 male 90s
- Logan County: 1 female 80s
- Macon County: 1 female 80s, 1 male 80s, 1 female 90s, 1 male 90s
- Macoupin County: 1 female 70s
- Madison County: 1 female 80s, 1 female 90s
- Marion County: 2 females 60s, 2 females 70s, 1 male 70s, 1 female 80s, 1 female 90s
- Marshall County: 1 female 70s
- Massac County: 1 female 80s
- McHenry County: 1 female 70s, 1 female 80s, 3 males 80s, 1 female 90s, 2 males 90s
- Menard County: 1 female 70s
- Mercer County: 1 male 70s
- Monroe County: 1 female 80s
- Morgan County: 1 female 70s, 1 male 80s, 1 female 90s
- Moultrie County: 1 male 80s
- Ogle County: 1 male 90s, 1 female 100+
- Peoria County: 2 males 80s
- Perry County: 1 female 70s
- Pike County: 2 females 80s
- Rock Island County: 2 males 60s, 1 male 70s, 1 female 80s
- Saline County: 1 male 70s
- Sangamon County: 1 female 80s
- St. Clair County: 1 male 60s, 1 female 70s, 1 male 70s, 1 female 90s
- Tazewell County: 1 male 70s, 1 male 80s, 1 male 90s
- Vermilion County: 1 female 70s, 1 male 90s
- Whiteside County: 1 male 70s, 1 female 80s
- Will County: 1 female 60s, 3 males 70s, 1 female 80s, 1 male 80s, 1 female 90s
- Winnebago County: 1 female 50s, 1 male 50s, 1 male 60s, 1 male 70s, 1 female 80s, 5 males 80s, 1 male 90s
- Woodford County: 1 male 50s, 1 male 70s
Currently, IDPH is reporting a total of 748,603 cases, including 12,639 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 85,507 specimens for a total 10,699,586. As of last night, 5,764 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,190 patients were in the ICU and 714 patients with COVID-19 were on ventilators.
The preliminary seven-day statewide positivity for cases as a percent of total test from November 25 – December 1, 2020 is 10.6%. The preliminary seven-day statewide test positivity from November 25 – December 1, 2020 is 12.5%.
*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for deaths previously reported has changed, therefore, today’s numbers have been adjusted. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.
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* From the Illinois Department of Veterans Affairs…
December 1, 2020
To residents, families or responsible parties, and staff of the Illinois Veterans Home at LaSalle:
We continue to be committed to communicating with you in a responsible and transparent manner about COVID-19 (coronavirus). Since our last COVID-19 update there has been one (1) additional case at our home. Also, after finding an error in my previous daily calculations, our overall numbers have been corrected. Since the beginning of the crisis we have had a total of 108 positive residents and 97 positive employees. To date, 35 residents and 76 staff have recovered from the virus. Unfortunately, we have lost an additional one (1) Veteran bringing the total number of Veterans with COVID-19 who have passed away to twenty-nine (29). We are following the latest medical guidance and are working with state, federal and local health officials to ensure the continued care for all of our residents and testing and protection of anyone potentially exposed.
As always, our top priority is the health and safety of our Veteran heroes and the devoted staff who care for them. Throughout this pandemic we have been following recommendations from state and local health officials to safeguard everyone at the facility and despite the outbreak we continue to do health screenings of staff and residents, maintain social distancing practices, wear face coverings, use gloves and gowns when indicated, and perform thorough cleaning and disinfection. We are grateful to our team for remaining highly vigilant for signs or symptoms of COVID-19 and for responding swiftly, appropriately, and professionally to any potential cases.
We understand this news can be distressing, which is why we encourage you to contact your loved ones for mutual support of one another. If your loved one has been affected by the virus, we want to offer you the opportunity to visit in person. Please understand this is a risk to your health and safety and though we will provide all the appropriate PPE, we cannot guarantee you will not contract the virus.
“Distressing.” How about terrifying?
Before the outbreak, the home had 121 residents and 230 employees.
* Pritzker’s campaign reaction after a common stomach bug outbreak happened in Quincy…
Yeah, maybe we need the same sort of energy put into addressing a problem that has killed a quarter of the LaSalle home’s residents.
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* Back in August, the Illinois Supreme Court consolidated two Clay County cases and handed them to Sangamon County Judge Raylene Grischow. Attorney Tom DeVore was an attorney of record in both - defense in Pritzker, et al. v. Board of Education of Hutsonville (a school district which refused to abide by masking and other state rules) and for the plaintiffs in Mainer, et al. v. Illinois Department of Public Health (tanning salon owner challenging the legitimacy of the executive orders).
Judge Grischow issued an order yesterday and it’s a doozy. The state’s most esteemed COVID attorney got his head handed to him on procedural and legal grounds. Let’s start with this…
Despite the Court’s order that a written response to the motion be filed, the defendants in Hutsonville - the Board of Education of Hutsonville CUSD No. 1, Christian Child Development Corporation, and Parkview Christian Academy, Inc. (the “‘Hutsonville Defendants”)- and the plaintiffs in Mainer - James and Kali Mainer (together with the Hutsonville Defendants, the “School Parties”) - elected to forego a written response. Instead, they orally opposed the State Parties’ motion at a hearing held on November 16, 2020.
* This whole thing was a procedural mess…
First, the Illinois Code of Civil Procedure requires that when a complaint is verified, “every subsequent pleading must also be verified, unless verification is excused by the court.” 735 ILCS 5/2-605. Here, the Hutsonville complaint is verified; the defendants’ answer is not. The Court did not excuse verification, and the Hutsonville Defendants did not seek leave to amend their answer in order to comply with the verification requirement. Section 2-605 requires that once a pleading is verified in accordance with the act, “every subsequent pleading must also be verified unless verification is excused by the court.” 735 ILCS 5/2-605. When a subsequently field pleading is not properly verified in accordance with the act, “it is as if the unverified pleading was never filed; it must be disregarded.” … The Hutsonville Defendants are thus deemed to have admitted all well-pleaded facts alleged in the State Parties’ complaint.
And…
Second, in paragraphs 1-2, 9-10, 16-26, 32, 35-37, 39, 43–44, and 49 of their unverified answer, the Hutsonville Defendants state that they are without sufficient information to either admit or deny the State Parties’ allegations. When defendants are without sufficient information to admit or deny an allegation in a pleading, they must “attach[] an affidavit of the truth of the statement of want of knowledge ….”735 ILCS 5/2-610(a). The Hutsonville Defendants did not attach the required affidavit to their unverified answer. Therefore, even if the answer were verified, these particular allegations of the complaint would be deemed admitted.
And…
Third, in paragraphs 27-31, 34, 38, 40–42, 45–48, and 50-54 of their unverified answer the Hutsonville Defendants state that the allegation “speaks for itself.” But ‘”[t]he failure of a defendant to explicitly deny a specific allegation in the complaint will be considered a judicial admission and will dispense with the need of submitting proof on the issue.”‘
The judge said she could’ve dismissed the whole thing right there, but couldn’t resist the fun of chasing DeVore just once around the parking lot and proceeded to deal with the substantive issues.
* For example…
The School Parties do not identify any disputed material facts relating to the pleadings in either Hutsonville or Mainer. The parties thus agree that there is no genuine issue of material fact relating to the State Parties’ motion for judgment on the pleadings. As a result, the only question here is a legal one: whether the Governor’s executive orders requiring schools to comply with certain public health measures associated with in-person instruction, and the Guidance issued jointly by the Illinois State Board of Education (”ISBE”) and the Illinois Department of Public Health (”IDPH”) detailing those measures (see Hutsonville Complaint, Exhibit 1), were lawfully issued and enforceable. The Court previously answered that question in the affirmative, and sees no reason to change its view. See August 18, 2020 Hutsonville Order Granting Temporary Restraining Order (”TRO Order”).
Oops.
* More from a footnote…
Counsel for the School Parties conceded at the November 16, 2020 Hearing that the existence of a disaster under Section 4 is not disputed.
Um. Nice move, dude.
* Statutory authority…
A comprehensive reading of the IEMAA supports the conclusion that the legislature did not intend to limit the Governor’s authority [to only one 30-day executive order per disaster].
And she referenced the bills passed by the General Assembly in May…
The legislature recognized the Governor’s authority to issue successive disaster proclamations when they amended the Unemployment Insurance Act, the Sexual Assault Provider Emergency Treatment Act, the Township Code, and the Election Code.
* Concessions have consequences…
In addition to this statutory authority, the Governor has constitutional authority under Article V, § 8 of the Illinois Constitution to take action to protect the public health. The United States Supreme Court more than a century ago in Jacobson v. Massachusetts, 197 U.S. 11 (1905), developed a framework by which to evaluate a State’s exercise of emergency powers during a public health crisis. The Court may take judicial notice of the fact-not disputed by the School Parties-that Illinois is in the middle of a public health crisis as outlined in Jacobson.
Accordingly, unless the action taken by the State Parties bears “no real or substantial relation” to the protection of public health, or is “beyond all question, a plain, palpable invasion of rights secured by the fundamental law,” neither this Court, nor any vocal citizen or school district has the authority to second guess the policy decisions made by the executive in responding to the emergency. . The Governor’s Executive Orders, as well as the Guidance, have a real or substantial relation to the protection of the public health and the public safety by attempting to minimize the spread of this deadly virus.
* And then comes the real beat-down…
The State Parties’ Motion for Judgment on the Pleadings is granted in its entirety as to both Mainer, et al. v. Illinois Department of Public Health, et al. (No. 20-CH-13) and Pritzker, et al. v. Board of Education of Hutsonville CUSD No. 1, et al. (No. 20-MR-557).
A judgment on the pleadings is similar to summary judgment. It’s explained in the ruling.
* And for good measure…
The Hutsonville Defendants are ordered to comply with the Governor’s Executive Orders and Guidance which applies to all public and nonpublic schools in Illinois serving prekindergarten through 12th grade students. This Guidance includes, but is not limited to:
a. Requiring the use of appropriate personal protective equipment (PPE), including face coverings;
b. Prohibiting more than 50 individuals from gathering in one space;
c. Requiring social distancing be observed, as much as possible;
d. Requiring schools to conduct symptom screening and temperature checks or require that individuals self-certify that they are free of symptoms before entering school buildings;
e. Requiring an increase in schoolwide cleaning and disinfection; and
f. Following any requirements as outlined in the Guidance as well as any changes that occur as a result of changing public health conditions.
This is a final judgment pursuant to Illinois Supreme Court Rule 304(a) and there is no just reason for delaying either enforcement or appeal or both of this Judgment Order.
[Link has been fixed. Sorry about that.]
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Thanks. I really needed that
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* This story is so hilarious on so many levels that it ought to win some sort of an award…
SCOOP: If a reality TV star can be president, then there’s nothing stopping radio shock jock Erich “Mancow” Muller from running for governor of Illinois.
The former morning radio host on WLS 890-AM is “exploring” the idea of running as a Republican or Independent in 2022. “I would not be a party-first candidate but a people-first candidate,” Mancow told Playbook in a phone interview.
He says the idea of running for office grew during the pandemic when a restaurant he owns, Marchesa, began struggling. “It’s been impossible to do business. Illinois has become an unhealthy, inhospitable place. Common sense is dead in our state, and I’d like to bring it back,” Mancow said. He questions Gov. J.B. Pritzker’s handling of the pandemic, saying, “Covid numbers are greatly exaggerated and killing Chicago businesses.”
Mancow left WLS last month and has long been interested in politics. Along with talking to politicians, he’s been known to carry their banner, too. Last year, he hosted a fundraising dinner to benefit Roger Stone, the friend and former adviser to Donald Trump who was convicted of seven felonies before the president commuted his sentence this summer. […]
Though he hasn’t formed an official exploratory committee, Mancow says he’s spoken to Republicans and to independent politico Willie Wilson, who could help finance such a campaign.
Mancow wants political “wonk” Paul Vallas as his lieutenant governor. Vallas told Playbook that he enjoys talking to Mancow but he’s not interested in running on his ticket. Mancow says he’s working to change Vallas’ mind.
“Too wack for Paul Vallas” would be a fabulous campaign slogan. Also, too, if you act now and purchase our “The Pandemic is Greatly Exaggerated” t-shirt today, we’ll throw in an “I ❤️️ Roger Stone” bumper sticker for $30 shipping and handling.
Not even Illinois is that nuts.
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Open thread
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* Please be polite to each other and keep the conversation Illinois-centric. Thanks.
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* Letter to the House Majority Leader from the House Republican Leader…
Majority Leader Greg Harris,
It has become abundantly clear that the House Democratic Caucus and their campaign arm use the concept of “cleaning up Springfield and fighting corruption” as the highlight of their agenda. Actions speak louder than words. There has been decidedly no action taken to match the words of Democratic members even though your caucus controls the legislative docket.
In your role as not only Majority Leader of the House Democratic Caucus, but also Co-Chair of the Joint Committee on Ethics Reform and the designated leader for the Special Investigating Committee II, I implore you to utilize your power in moving critical ethics reforms forward for the state of Illinois.
Again and again, we see endless delays instead of action: canceled hearings, using the pandemic as an excuse to not schedule hearings, hiding behind another task force instead of taking action. We have seen those tricks and tactics used by Speaker Madigan for decades to delay taking action on an issue when the status quo is beneficial to himself. Don’t follow that flawed model, Leader Harris.
The Special Investigating Committee II, charged with investigating Speaker Madigan’s bribery scheme with ComEd, was created in August and has only met twice. This is totally unacceptable and a disgrace to the residents of Illinois who deserve transparency.
The Joint Committee on Ethics having not met since March has left all of us wondering if there is any sincerity in the House Democratic caucus on addressing reforms. Did we forget the arrest of Rep. Arroyo and how it caused such a shockwave and hand-wringing through the Chamber?
I urge you in your role as a leader to use your considerable ability restart the process. Avoiding the issue is unacceptable. I hope the House Democrats will join their Republican colleagues in a quest for transparency and meaningful results. Let’s get this done.
Sincerely,
James Durkin
Illinois House Republican Leader
I’ve reached out to Leader Harris for comment.
*** UPDATE *** Leader Harris…
I thank Leader Durkin for his letter. It arrived while I was listening to Dr Ezike outline how many thousands more Illinoisans tested positive for COVID yesterday, and how many more thousands are hospitalized or in the ICU, and tragically how many more have died.
Also, listening to her warnings about the coming surge which could overwhelm our hospitals, and how we can all help reduce transmission. As I have said before I look forward to completing the work of the Commission when it is safe to gather in large groups again, and look forward to presenting legislation based on the Commission’s work.
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COVID-19 roundup
Tuesday, Dec 1, 2020 - Posted by Rich Miller
* October 30th…
A McHenry County judge denied a temporary restraining order Friday filed by 37 local bars and restaurants to remain open despite the governor’s mitigation rules set to take effect Saturday.
* Last Wednesday…
McHenry County’s top prosecutor announced Wednesday that his office will not enforce Gov. J.B. Pritzker’s order to ban indoor dining at restaurants.
State’s Attorney Patrick Kenneally issued a statement that the Illinois Emergency Management Act, which gives the governor authority to issue executive orders, does not require or empower the state’s attorney to enforce the orders.
Kenneally also wrote that there is “the legitimate question” being litigated in court over whether the governor’s repeated orders are authorized by law. So far, while two trial courts have ruled that the orders were not lawful, two McHenry County judges, as well as appellate and federal courts, have upheld the orders on at least a preliminary basis.
Kenneally said he would continue to enforce legitimate mask and distancing orders, but chided lawmakers for failing to clarify the law on “one of the most important issues this State has ever faced.”
Um, if he had bothered to read the recent binding appellate decision, he’d know that the General Assembly passed three bills in May which reiterated the governor’s right to issue successive executive orders. But, you know, that would get in the way of doing his job, so he chose to remain ignorant.
* And there is a local problem…
Through the Freedom of Information Act, CBS 2 obtained a list of dozens of McHenry County eateries that have violated rules.
Around the Clock allows indoor dining. At Niko’s Red Mill Tavern in Woodstock inspectors saw indoor dining, no social distancing, and employees and patrons not wearing face coverings. At DC Cobb’s in Woodstock some thing seen were patrons not wearing face masks, indoor dining and operation after 11 p.m.
These restaurants and eight more like them have been visited multiple times. Minimal improvements led to the cases being handed over to the McHenry County State’s Attorney’s Office.
* Meanwhile, Springfield Mayor Jim Langfelder has finally seen the light…
Springfield Mayor Jim Langfelder is urging surrounding counties to enforce COVID-19 mitigations similar to what is in place in Springfield.
The Sangamon County Department of Public Health oversees Menard County’s public health department, as well, but they have announced Menard County will not enforce COVID-19 mitigations at this time.
Langfelder said the fight to slow down the spread of COVID-19 should be a community effort, and spikes in Menard County put stress on hospitals in Springfield. […]
Langfelder said he wants restrictions for all surrounding counties and admits this isn’t easy or popular, but believes it’s what is best for the local hospitals.
* Also…
Three more Sangamon County restaurants were cited for violating COVID-19 mitigations.
According to the Sangamon County Department of Public Health, the three restaurants include:
Route 66 Motorheads in Springfield
Sky Lounge in Springfield
IHOP on Sunrise Drive in Springfield
* Speaking of restaurants, this is from a Facebook post by the proprietors of Effingham’s Firefly Grill…
Dear fireflies,
Here we are again, another crossroads, another terrible decision to face. Niall and I have had many sleepless nights these last few months as we try to find our way forward through this pandemic.
Bottom line is that firefly’s current model cannot stay solvent running only curbside. If we believed that the safety restrictions would be in place long-term, we would figure out how to adapt and reluctantly change our model.
I say reluctantly because serving people in person on our beautiful farm is what we truly love to do. Firefly isn’t a drive-through, it’s an experience. Our passion is connection, to each other, to our visitors, to our land and our community. Cooking food in an empty restaurant is demoralizing for our family and team.
If we believed these restrictions would be longer than the winter, we would find a different path, yet we believe that as soon as it is warm enough to serve outside, we will be able to open our doors once again. Until that time, we are forced to hibernate, and we will be closed.
This is a painful decision and very personal decision; our family is going through a lot right now.
Thanksgiving night, we received word that my stepfather, who was diagnosed with COVID-19 seven days previously, had taken a turn for the worse. This call informed us that hospice had begun to execute end of life protocols. We lost Greg this morning peacefully while my mother was holding his hand.
Whatever people’s personal beliefs are surrounding this disease, the pain and exhaustion our frontline workers and the families losing loved ones are experiencing cannot be denied. Right or wrong, out of respect for my mother, for all the families losing loved ones and for all of our heroes on the frontlines, we will continue to follow the protocols mandated to keep our communities safe.
We encourage everyone to do whatever they can to slow the spread of this disease.
Firefly and our team are grateful for the support of everyone buying gift cards online, we are using these funds to continue upgrades during our pause and literally CANNOT WAIT to serve you in person as soon as we can.
In support of the Huff, Campbell and Samuel Family dealing with the death of such a loving, kind and important member, in lieu of flowers, we have created a Greg Huff Memorial Scholarship for Buckeye Friends School. Donations can be made through the Buckeye website: http://buckeyefs.com/get-involved/donate/
We are grateful for your help, your patience, your understanding and support.
Kristie, Niall and Camden
* Contrast that with this one from the owner of the Fox Run restaurant in Springfield…
The Rest of The Story:
Our local officials overreach of power may be the cause of Fox Run closing, but rest assured, they will never silence me. This isn’t just about Fox Run; this is about every Restaurant and Bar in our area. There are five individuals directly involved in the attack on Restaurants and Bars in Sangamon County. Sangamon County Board Chairman Andy Van Meter, Sangamon County Sheriff Jack Campbell, Mayor Jim Langfelder, Judge Raylene Grischow and Gail O’Neill of the Sangamon County Department of Public Health.
You ask why? What If the County Board Chairman were to have a pet project threatened by the Governor? The County Board Chairman controls the funds for the Sheriff’s Dept. and the Health Dept., that’s not hard to figure out, the Mayor acts like a puppet for the Governor and the Judge openly recognized that it was a valid argument that the Health Department was acting improperly, but she still let them get away with it.
Four of these five spineless individuals are elected by “We the People”. They do not deserve to be re-elected after trying to destroy Sangamon County’s economy. Let’s remember this on their election cycle. I will help remind you. And for Gail O’Neill, I hope you sleep well at night knowing that you are directly the cause of dozens of small business’s closing and hundreds of families going without a paycheck. But that’s alright, I’m sure there is a chair reserved for you at the head of the table in HELL.
He put up a GoFundMe with the goal of raising $100,000. It raised $485. Sounds about right. You’ll remember that he hosted Rep. Darren Bailey at his establishment in May.
* Tribune live blog headlines…
Indiana’s COVID-19 deaths nearly double during November
Bipartisan group of lawmakers pitch $908 billion bill as Biden urges Congress to pass down payment on COVID-19 relief
Column: A parting love letter to City Lit, my favorite bookstore in Chicago, on its final day of business
Giving Tuesday and holiday donations can bring scammers; the pandemic makes it worse.
Esports arena for professional video game competitions planned for Chicago’s Near South Side
Evanston students auction time and talents to save Gyros Planet, a struggling restaurant feeding thousands of hungry families
Chicago officials shut down a 300-person party in Wicker Park over the weekend.
Vandals struck outdoor dining tents in Chicago’s West Loop.
Moderna to seek OK for emergency use of its coronavirus vaccine in US, Europe.
New Trier High School to consider expansion of in-person instruction, citing success of COVID-19 saliva screening program.
COVID-19 vaccines are coming. But first, a long and dark winter.
* Sun-Times live blog headlines…
City shuts down 300-person party in Wicker Park, other businesses for ‘egregiously’ violating COVID-19 restrictions
Fauci warns Pritzker of ‘post-Thanksgiving surge’ — says it’s ‘no time to pull back’ from COVID-19 restrictions
Weekend drop in COVID-19 cases attributed to low number of tests reported over the holiday weekend.
Cook County Sheriff Tom Dart tests positive for coronavirus.
Chicago R&B artist Jeremih was reportedly transferred to a regular hospital room Saturday after spending at least a week in intensive care undergoing treatment for COVID-19.
The World Health Organization has recorded 65 cases of the coronavirus among staff based at its headquarters, including five people who worked on the premises and were in contact with one another.
Making the case for standardized school tests, even during a pandemic
* NBC Chicago live blog headlines…
Chicago to Update Emergency Coronavirus Travel Order
Chicago Officials Shut Down 300-Person Party in Wicker Park
No Illinois Regions Will End Tier 3 Mitigations in the Next Few Weeks, Pritzker Says
Post-Thanksgiving COVID-19 Surge Could Overwhelm Illinois’ Health Care System
Investigations Underway After 28 Veterans Die in Coronavirus Outbreak at Illinois VA Home
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* From the Institute of Government and Public Affairs…
The University of Illinois Flash Index was slowly recovering after it had dropped steeply at the beginning of the COVID-19 pandemic, but that progress stalled last month. The index remained at 95.6 in November — the same reading as October.
“November was a month of contrasts, with rising rates of COVID-19 infections accompanied by positive news about the likely early availability of a vaccine. It also appears the country has avoided a presidential election impasse,” said University of Illinois economist J. Fred Giertz, who compiles the monthly index for the University of Illinois System’s Institute of Government and Public Affairs. “This helps to explain the contrast between the equity markets experiencing the strongest month in over 30 years and the real economy showing little progress.”
Equity markets are forward-looking and incorporate the likely future benefits from the vaccine, while the Flash Index is based on current results that do not reflect these expectations, Giertz said. See the full Flash Index Archive.
The Illinois unemployment rate in October (latest available) provided positive news, falling from 10.4% the previous month to 6.8%. The Illinois rate fell slightly below the national rate. The November numbers are not likely to be as strong.
After adjusting for inflation, sales and income tax receipts were down slightly from the same month last year. Corporate tax receipts were significantly lower because of one-time, extremely large collections in November 2019.
The Flash Index is normally a weighted average of Illinois growth rates in corporate earnings, consumer spending and personal income as estimated from receipts for corporate income, individual income, and retail sales taxes. These are adjusted for inflation before growth rates are calculated. The growth rate for each component is then calculated for the 12-month period using data through November 30, 2020. Ad hoc adjustments have been made to deal with the timing of the tax receipts resulting from state and Federal changes in payment dates beginning in March.
* The accompanying graph…
Oof.
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* This is huge…
Yes, she represents the suburbs, including part of DuPage. But she’s a member of leadership and has strong union ties. I’m pretty stunned by this development.
* The list…
Jonathan Carroll
Kelly Cassidy
Deb Conroy
Margaret Croke
Eva-Dina Delgado
Daniel Didech
Robyn Gabel
Jennifer Gong-Gershowitz
Will Guzzardi
Terra Costa Howard
Stephanie Kifowit
Lindsey LaPointe
Anna Moeller
Bob Morgan
Anne Stava-Murray
Maurice West
Ann M. Williams
Kathleen Willis
Sam Yingling
…Adding… From Rep. Deb Conroy…
The idea that because after many nights of losing sleep you came to the decision that you can not support the current Speaker means you are not a loyal union supporter is ludicrous. I am from a union family and I will always support union families. We are the strongest union state in the 50 and we will continue to be going forward. Thank you Representative Willis for your leadership and bravery.
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* Press release…
The Illinois Department of Public Health (IDPH) today reported 12,542 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 125 additional deaths.
Adams County: 1 male 70s, 1 female 80s
Bureau County: 1 female 70s
Carroll County: 1 male 80s
Champaign County: 1 male 60s, 1 female 80s, 1 female 90s
Clay County: 1 female 50s
Cook County: 1 female 50s, 1 male 50s, 2 females 60s, 3 males 60s, 1 female 70s, 3 males 70s, 2 females 80s, 2 males 80s, 3 females 90, 1 male 90s, 1 female over 100
DuPage County: 1 female 70s, 2 males 70s, 1 male 80s, 1 female 90s, 2 males 90s
Effingham County: 1 male 90s
Ford County: 1 female 60s
Franklin County: 1 female 80s
Fulton County: 1 male 80s
Grundy County: 1 female 70s, 2 females 80s
Hancock County: 1 female 90s
Iroquois County: 1 male 90s
Jo Daviess County: 1 female 70s
Kane County: 1 male 70s, 1 female 90s, 1 male 90s
Kankakee County: 1 female 80s
Kendall County: 2 male 80s
Knox County: 1 male 80s, 1 male 90s
Lake County: 1 male 50s, 1 male 70s, 1 female 80s, 2 males 80s, 1 female 90s
LaSalle County: 1 female 70s, 1 female 80s, 1 male 80s
Lee County: 1 female 80s
Livingston County: 1 male 90s
Macon County: 1 female 80s, 1 male 80s, 1 female 90s
Macoupin County: 1 female 80s, 1 female 90s
Madison County: 2 males 70s, 1 female 90s
Marion County: 1 female 80s, 2 males 80
McHenry County: 1 female 70s, 2 females 90s
McLean County: 1 female 80s, 1 male 80s, 2 males 90s
Mercer County: 1 female 90s
Monroe County: 1 male 90s
Morgan County: 1 female 60s, 2 females 90s
Ogle County: 1 male 60s, 1 male 70s, 1 female 80s
Peoria County: 1 male 60s
Perry County: 1 female 70s, 2 females 80s, 3 females 90s
Rock Island County: 1 male 60s, 2 females 90s
Saline County: 1 male 70s, 1 male 80s
Sangamon County: 1 female 50s, 1 male 80s, 2 females 90s
St. Clair County: 1 female 70s, 1 male 70s, 1 female 80s
Stark County: 1 female 80s
Stephenson County: 1 male 50s
Tazewell County: 1 male 70s
Vermilion County: 1 male 60s, 1 female 90s
Warren County: 1 male 70s, 1 female 90s
White County: 1 male 60s
Whiteside County: 1 male 70s, 1 female 90s, 1 male 90s
Will County: 1 male 50s, 1 female 70s
Winnebago County: 1 female 60s, 1 male 90s
Woodford County: 1 female 70s
Currently, IDPH is reporting a total of 738,846 cases, including 12,403 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 116,081 specimens for a total 10,614,079. As of last night, 5,835 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,195 patients were in the ICU and 721 patients with COVID-19 were on ventilators.
The preliminary seven-day statewide positivity for cases as a percent of total test from November 24 – November 30, 2020 is 10.4%. The preliminary seven-day statewide test positivity from November 24 – November 30, 2020 is 12.2%.
*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for a death previously reported has changed, therefore, today’s numbers have been adjusted. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.
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Simple solutions are usually neither
Tuesday, Dec 1, 2020 - Posted by Rich Miller
* Tribune editorial…
When the coronavirus pandemic hit hard in March, it prompted shutdowns of schools, businesses, sports venues, national parks and other sites. Legislatures across the country halted sessions, the Illinois General Assembly among them. The suspensions were a justified response to a grave public health emergency.
But a crisis of this severity is no time for lawmakers to stop doing the public’s business altogether. More than two dozen legislatures across the country quickly moved to let members vote or participate in floor deliberations or committee meetings by virtual means. In Vermont, legislators have used Zoom for most of their business since March. New York’s lawmakers approved a budget remotely. But the Illinois House voted down this approach.
In May, it met at a Springfield convention center to allow members to socially distance in the interests of safety. But it canceled its fall veto session rather than meet in person or figure out a way to meet virtually. Senate President Don Harmon and House Speaker Michael Madigan said face-to-face contact would be too hazardous at a moment when the pandemic is surging across the state.
Have they not heard of this thing called Zoom?
* Has the Tribune not looked at the remote legislating roll call?…
* Speaking of which…
So, Mazzochi has gone full Darren Bailey. Interesting.
Reps. Mazzochi and Bailey both voted against the remote legislating bill, but I assume they believe it’s safe to gather again, notwithstanding the coronavirus spike in the state and the likelihood of things worsening in the wake of Thanksgiving.
* Also, it’s a bit surprising that Rep. Mazzochi is demanding the General Assembly get back to work considering she missed 285 floor votes in 2019, mostly during the crucial month of May.
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Another delay in Thompson Center sale
Tuesday, Dec 1, 2020 - Posted by Rich Miller
* Dan Petrella and Ryan Ori at the Tribune…
Count the state of Illinois’ plan to line up a buyer for the James R. Thompson Center by the end of 2020 as another casualty of the coronavirus pandemic.
A little-noticed provision in legislation the General Assembly passed during its abbreviated, pandemic-focused special session in late May and early June pushed back the timeline for the state to find a buyer for its controversial Loop headquarters by more than a year.
The state now has until April 5, 2022, to reach an agreement with a buyer for the 1.2 million-square-foot glass-and-steel structure, though the legislature could grant another extension. […]
The agency plans to ask for proposals from developers in the first quarter of the new year. […]
When Gov. J.B. Pritzker signed a bill in April 2019 to authorize the sale of the Helmut Jahn-designed building, Chicago was in the midst of a real estate boom. But COVID-19 has led to a significant slowdown in property sales, and the shaky U.S. economy is making developments difficult to finance.
It’s always something with that albatross.
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Illinois’ Recovery Starts With The Clean Energy Jobs Act
Tuesday, Dec 1, 2020 - Posted by Advertising Department
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* Rep. Mark Batinick (R-Plainfield) and I have been talking since the election about what happened to the two parties in the Chicago suburbs. He’s made some very strong points during our discussions, so I asked him to put together his thoughts during the holiday and he sent me this last night…
Rich,
I hope you had a great Thanksgiving. While ours was small it was actually nice to have a little down time. I used some of it to reflect on my race and others. House Republicans have a LOT to be thankful for. I thought I’d share some of my findings with you.
A “Blue Wave” definitely hit the suburbs. Republicans lost the two contested Congressional races. There isn’t a single Republican suburban Congressperson. The Illinois Senate [Republicans] lost a seat in their only contested suburban race.
But what’s most instructive is what happened at the county level.
Lake County Republicans lost every countywide race. So did Will County Republicans. Only one Republican countywide prevailed in Kane county. In DuPage County, Republicans won only one contested countywide race and the County Board flipped from 11-7 Republican to 11-7 Democratic.
The only outlier in the suburbs was the House Democrats.
We did lose two incumbents in the suburbs: Allen Skillicorn and Grant Wehrli. Allen raised about 10K and by most appearances he didn’t really run a campaign. It took $2.57M from Suzanne Ness to squeak out a 3-point win over Skilly.
While Wehrli lost, his fight was remarkably valiant. Janet Yang Rohr also spent over $2.5M to Wehrli’s $400k. But here’s the more amazing part. President Trump didn’t win a single precinct in the 41st. ZERO. I can’t think of a race where the fundamentals were so massively against a candidate and the candidate was still able to pull off a victory. Yet Grant nearly did. Forgive me for not being impressed by DPI’s two pickups.
Now, let’s look at our holds.
Remember all of the rumors of the House Dems picking up 5-8 seats? Well that’s because Stephens, Mazzochi, Morrison, Ugaste, A. Grant and I were all supposed to lose. The amount we were outspent by in those races was sickening. Yet we all won.
We picked up two seats in the suburbs: Chris Bos and Seth Lewis. Both were running against likable woman incumbents. Both were massively outspent. Seth wasn’t appointed to run until August, yet overcame roughly $2.6M in spending against him while spending about $400k.
It is clear that voters have had their fill of Madigan. The message worked well this election.
One of the best illustrations of this was in the 81st House, but it worked to our disadvantage. We had a terrific candidate running against Anne Stava-Murray — Laura Hois. She was one of our best walkers. This is the one race where we actually outspent the Dems. Yet we couldn’t make headway. A quick look at precinct totals show AS-M outperforming the Democratic countywides in overlapping precincts. Voters are tired of corruption. If they knew one thing about Stava-Murray it was that she opposed Madigan. Apparently, her opposition to Madigan was worth more than $1M.
Obviously the campaign team did a lot with the resources we had. They all deserve a lot of credit. Other than raising more money, we need to stay the course on our anti-corruption messaging. The people of Illinois are finally recognizing it!
…Adding… From comments…
Lets not forget that pre election talk was of the House GOP getting swamped and MJM getting into the range of 80 seats. And Madigan was spending every dollar he could get his hands on to make it happen. We have NEVER seen Madigan spend like this in a prior cycle.
Why? Because the more members he had, the better chance he had to stave off an insurrection. But instead of riding the anti-Trump suburban wave, he got left behind and lost seats instead.
If Madigan had gotten to 80, the 18 opponents would still be 2 short of depriving Madigan the votes to be Speaker, and the entire conversation about his future is far different today.
It’s the most impactful cycle the House GOP has had since 1994.
Agreed.
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* Dave McKinney…
A 2011 state law created a “profit machine” for Commonwealth Edison and its corporate parent while saddling Illinoisans with higher electricity bills for the past decade, a new report by a top utility watchdog concludes.
The so-called smart-grid law that ComEd persuaded state lawmakers to enact is now a part of an ongoing federal bribery probe into the utility’s statehouse lobbying efforts that were directed heavily at Democratic House Speaker Michael Madigan.
Illinois PIRG says that 2011 law, which it and other consumer groups opposed, has ComEd poised to reap annual profits of $1 billion by 2023 with far less oversight from state utility regulators and needs to be gutted.
“The narrative they’ve pushed for years that this law was great for consumers, and they continue to push even though it’s tied up in this bribery scheme has to be questioned, and that’s what we are trying to do with this report,” said Abe Scarr, the group’s director.
The law in question was one former Democratic Gov. Pat Quinn vetoed but was overridden on bipartisan legislative supermajorities.
The report is here.
‘
* From an Illinois PIRG press release…
The report found that concerning customer rates and ComEd profits:
• In 2019, ComEd customers paid 37 percent more for delivery service than they did in 2011;
• Since 2012, ComEd customers have paid $4.7 billion more than they would have had the formula created by EIMA not increased delivery rates over the level in 2012;
• Over the past six years, ComEd has earned more than $1 billion more in profits than it earned over either of the previous six-year periods while it has been an Exelon subsidiary.
In 2011, then-ComEd President and COO Anne Pramaggiore promised “a smart meter in every home opening a world of consumer information and pricing options that provide opportunities for customers to save money.” Regarding ComEd’s failure to deliver customer benefits, the report notes that:
• Time-of-use rates, a critical customer benefit from smart meters, will not be broadly available to ComEd customers until at least 2024;
• Highly touted programs that were supposed to drive customer value from smart meters, such as the smart grid “Test Bed” and “Green Button Connect,” have been outright failures;
• Even benefits that have arrived, including reliability improvements and increased operational efficiency, have not been properly evaluated or scrutinized, so that it is currently impossible to know whether those gains are worth the billions of dollars customers paid to achieve them.
“ComEd did not need formula rates to improve upon its chronically poor reliability performance, or to improve service through new smart grid technology,” said Jeff Orcutt of Chapman Energy Strategies and report co-author. “Instead, ComEd used misleading promises of a customer-centered vision to win itself guaranteed profits and less accountability.”
Over the course of 2020, Gov. JB Pritzker convened a series of stakeholder meetings geared towards crafting comprehensive energy legislation. The report makes a series of recommendations, some of which Gov. Pritzker put forward himself when he released his guiding energy principles in August. The Illinois PIRG report recommends:
• An immediate end to formula ratemaking
• A thorough and independent audit of ComEd’s investments over the past decade and of the current status of ComEd’s grid
• Integrated distribution planning, a public and transparent process for grid planning and investment decisions
• Forcing ComEd to immediately offer customer-friendly time-of-use rates
• Forcing Exelon to divest from ComEd, or, short of that, establishing better procedures to mitigate well-established risks posed by conflicts of interest inherent to Exelon’s ownership of both expensive nuclear power plants and ComEd
• Establishing more effective checks on utility political power by limiting utility political giving, making permanent the ethics changes included in the deferred prosecution agreement, and ending utilities’ ability to charge customers for charitable contributions, rather than making such contributions out of utility profits.
* Meanwhile, from Midwest Energy News…
A mysterious group has spent more than a quarter million dollars promoting a vague agenda that’s critical of Illinois utilities’ clean energy transitions.
Dramatic music plays as a mother wakes a child and a graduate throws their cap. “Illinois was promised a clean future, clean energy, clean jobs. But all ComEd and Exelon gave us was dirty politics.”
So says a TV ad aired in Illinois last summer, the work of a group called the Clean Energy Transition Project that has spent more than a quarter million dollars on social media and TV advertising in Illinois in recent years, according to research by Capitol Fax and clean energy groups. […]
While the Clean Energy Transition Project claims to promote clean energy, it does not propose any specific policies, but rails against the scandal-plagued utility ComEd and its parent Exelon, owner of the state’s nuclear plants. CEJA backers see the campaign as a direct attack on their legislation, which includes proposed capacity market reforms that would benefit Exelon.
“They are definitely co-opting the messages of climate and clean energy,” said Illinois Environmental Council executive director Jen Walling. “They’re putting out negative and false information about our legislation. That’s terrible, and they’re doing it in such a way that it’s confusing and misleading the public. If the groups funding this want to get involved in the energy debate, this isn’t the way to do it.” […]
“If this is dark money from the fossil fuel industry, that seems the most likely scenario,” said Jack Darin, director of the Sierra Club’s Illinois chapter. “You have to assume they think their policies and values are not supported by Illinoisans; otherwise they would be a lot more forthright about who they are and what outcomes they want.”
…Adding… Illinois Clean Jobs Coalition…
Today’s report from Illinois Clean Jobs Coalition member Illinois PIRG demonstrates once again that utilities have run the game in Springfield for too long, and ratepayers got stuck with the tab. Gov. Pritzker and the Illinois General Assembly have an opportunity to hold utilities accountable by increasing oversight and transparency, providing restitution for ratepayers, and ending the rubber stamping of rate hikes. The Clean Energy Jobs Act is the only bill in Springfield to do just that.
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Unclear on the concept?
Tuesday, Dec 1, 2020 - Posted by Rich Miller
* A press release handed to you in advance is not really a “scoop,” but whatever…
SCOOP: Watch former Treasurer and U.S. Senate candidate Alexi Giannoulias make a run for the Illinois Secretary of State position that will open up with Jesse White’s retirement in 2022.
“Secretary White is one of the finest public servants I have ever known. His shoes will be near impossible to fill, but if I run, I would work very hard to try and continue his legacy of caring and principled leadership,” Giannoulias, a Democrat, said in a statement to Playbook. “If this [2020] election has shown us anything, it’s that democracy is under siege and Secretaries of State across the country are on the front lines, ensuring that everyone can participate freely and fairly in elections.” […]
Giannoulias hasn’t formally announced but he’s laying the groundwork by gathering support. A source close to him said he met with White recently to seek his endorsement. Giannoulias also has a head start in fundraising with $750,000 in his Citizens for Giannoulias account, and he’s lining up Democratic donors to commit to what could be an $8 million to $10 million campaign.
Congresswoman Robin Kelly (2nd), who was Giannoulias’ chief of staff in the Treasurer’s office, is already nudging him to run. “I’m encouraged that he is thinking about running for statewide office,” she said in a statement. “I witnessed his leadership and commitment to public office firsthand. He is progressive, ethical and reform minded.”
Ariel Investments Co-CEO John Rogers Jr. and Tom Balanoff, the president of Service Employees International Union Illinois Council, are also supportive of Giannoulias, who was seen as a protege of Barack Obama. […]
Giannoulias left public office to work as a senior director at Bank of New York Mellon Corp. in Chicago. It was a nice landing spot given his family history. His late father founded Broadway Bank, a community bank that closed in 2010 in wake of the financial crisis.
It’s of course not noted in the story, but Illinois has long given most responsibility for running elections to the State Board of Elections. The SoS has a limited role, like Motor Voter and mailing out the explanation of constitutional amendments and vote by mail applications.
Just before I hit “publish” on this piece, one of Giannoulias’ people called to talk and said Alexi was referring to things like Motor Voter. Um, OK.
Also, I’m soooo looking forward to a reshash of all that Broadway Bank oppo.
…Adding… From comments…
Which Democratic constituency is pining for the return of the banking heir? Rep. Kelly and John Rogers notwithstanding, I think there are a lot of Democrats that would rather keep an African American on the statewide ticket.
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Open thread
Tuesday, Dec 1, 2020 - Posted by Rich Miller
* Polite Illinois-centric conversations only, please. Thanks.
32 Comments
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